QUESTION
Can a divorced husband withold spousal support to pay a judgment to which both husband and wife are jointly and severally liable?
Asked on Aug 29th, 2013 on Family Law - California
More details to this question:
Ex-Wife got physical possession of the house and she stopped making payments to the HOA. Title is in both our names. HOA obtained judgment against us and is holding us joint and severally liable for past HOA dues. Can the HOA simply garnish from the spousal support payments half the judgment amount or can I reduce the support payments in the amount that we owe for past HOA dues to pay her half of what's owed to the HOA?
1 ANSWER
Lily L. Huang
It is not recommended to withhold on a court ordered support. Depending on where you are on your divorce (finalized or still going through the process), you should bring this HOA issue before a court. Depending on how much HOA fees you owe, small claims court might do it. but if you're still in the process of getting divorced, let the Judge know through a motion filing. An attorney or selfhelp center would be able to provide assistance.
Answered on Sep 02nd, 2013 at 10:01 PM